Civil Unit 7 - Interim Remedies

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Questions and Answers

What are the two main routes available to a litigant who wishes to dispute an undertaking before an appeal court?

  • An application to be released from the undertaking and an application for judicial review.
  • An application for summary judgment and an application for judicial review.
  • An application to be released from the undertaking and an application for an interim remedy. (correct)
  • An application to be released from the undertaking and an appeal to the High Court.

What is the general requirement for a litigant to be released from an undertaking?

  • The litigant must demonstrate that the undertaking is causing them undue hardship.
  • The litigant must demonstrate that the undertaking is no longer enforceable.
  • The litigant must demonstrate a change in circumstances. (correct)
  • The litigant must prove that the undertaking was obtained through fraud.

Under what circumstances can an interim remedy be granted without notice?

  • When the applicant has provided sufficient evidence to support their application.
  • When the applicant has obtained the consent of the other party involved.
  • When the applicant has provided compelling reasons for why notice cannot be given. (correct)
  • When the applicant has demonstrated a significant and imminent threat of irreparable harm.

When an interim remedy is granted before a claim has been commenced, what must the court usually do?

<p>Direct the applicant to commence a formal claim. (B)</p> Signup and view all the answers

What is the role of evidence in an application for an interim remedy?

<p>It is required unless the court orders otherwise. (B)</p> Signup and view all the answers

Under what legislation can a court grant an order for a search order?

<p>Civil Procedure Act 1997 (C)</p> Signup and view all the answers

Which of the following orders are specifically mentioned in the text as being referred to by a specific term?

<p>Order for interim payment (D)</p> Signup and view all the answers

Which of the following types of interim orders can be sought before a claim has been made?

<p>Order for disclosure of documents (C)</p> Signup and view all the answers

What is the specific purpose of an order under paragraph (d) regarding entry onto land or buildings?

<p>To carry out an order under paragraph (c) (D)</p> Signup and view all the answers

Which of the following types of interim orders specifically relate to the location or nature of assets?

<p>Order for disclosure of documents (B), Search order (C), Freezing injunction (D)</p> Signup and view all the answers

What is the name for an order that requires a party to provide information about the location of assets that may be subject to a freezing injunction?

<p>Information order (A)</p> Signup and view all the answers

Which interim order involves a dispute over a party's right to a fund?

<p>Order for a specified fund to be paid into court (B)</p> Signup and view all the answers

What is the specific legislation that allows courts to grant an order compelling a non-party to disclose documents or allow inspection of property?

<p>County Courts Act 1984 (B), Senior Courts Act 1981 (D)</p> Signup and view all the answers

According to Rule 25.1, what is the legal term used to describe a court order that prohibits a person from doing something or requires them to do something?

<p>Injunction (B)</p> Signup and view all the answers

What is a 'final injunction' in the legal context, as described in the passage?

<p>An order granted by a court at trial after the claimant has proven their legal right and that the defendant has violated the right or is about to. (B)</p> Signup and view all the answers

What is the preferred term used in CPR for 'interlocutory' orders?

<p>Interim (C)</p> Signup and view all the answers

What is a 'Part 20 claim' as mentioned in the passage?

<p>A counterclaim by a defendant against a claimant. (A)</p> Signup and view all the answers

Which of the following statements is NOT TRUE about claiming an interim injunction?

<p>The claim form must include a claim for an injunction as a final remedy before an interim injunction can be sought. (C)</p> Signup and view all the answers

What information must the court provide in order to grant an interim injunction?

<p>The court must provide the specific actions that the subject of the injunction is prohibited from doing or is required to do. (C)</p> Signup and view all the answers

Which of the following is considered a final judgment in a case?

<p>A final judgment about the claim for injunction, including the details of the injunction, court order and the judgment. (B)</p> Signup and view all the answers

According to the information provided, an interim injunction can be applied for by which of the following parties? (Choose all that apply)

<p>The defendant (A), The claimant (C)</p> Signup and view all the answers

Flashcards

Undertaking Release

A litigant can apply to be released from an undertaking, needing to show a change in circumstances.

CPR 25.2

Rules regarding when an order for an interim remedy may be made, allowing it at any time before claims are started.

Interim Remedy Application

Applicants can seek an interim remedy without notice if there are valid reasons for not notifying beforehand.

Evidence Requirement

Applications for interim remedies must be supported by evidence unless the court says otherwise.

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No Notice Justification

If notice is not given for an interim remedy application, the applicant must state why in their evidence.

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Interim Injunction

A temporary court order preventing an action until a decision is made.

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Freezing Injunction

An order freezing a party's assets to prevent dissipation before resolution.

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Search Order

Order requiring access to premises to preserve evidence.

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Interim Payment Order

Court order for a defendant to pay a sum before trial outcomes are known.

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Order for Disclosure

Order requiring a party to present documents or property for inspection.

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Interim Declaration

A provisional judgment declaring a legal position before the final resolution.

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Order for Accounts

An order directing a party to prepare and file accounts related to a dispute.

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Order for Inquiry

An order allowing the court to investigate or take specific actions during proceedings.

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Article 9 Directive

An order addressing enforcement of intellectual property rights with conditions on infringement.

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Interim Remedy

A temporary court order before a final decision is made in a case.

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Relevant Property

Property under claim or related to a potential claim in court.

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Witness Summons

A court order requiring a witness to present documents at a hearing.

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Final Injunction

A permanent court order granted after the court confirms legal rights.

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Claim Form

A legal document specifying what remedy the claimant seeks from the court.

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CPR Glossary

A reference document that defines legal terms used in court procedures.

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Study Notes

CPR 23.1-12 General Rules about Applications for Court Orders

  • Applications generally must be made to the court of the hearing centre where the claim began.
  • If the claim has been transferred, the application should be made to the court to which it was transferred unless there is a good reason for making the application to a different court.
  • If parties have been notified of a trial date, the application should be made to the court in which the trial will take place.

CPR 25.1 Orders for Interim Remedies

  • The court can grant interim remedies such as injunctions, declarations, or orders for the preservation of property.
  • This includes things like the detention, custody, or preservation of property; sample taking; or the sale of perishable property.
  • There are also specific orders relating to the payment of income from relevant property during legal proceedings.
  • A court may also authorize someone to enter a property or building concerning the proceedings to apply an order relating to it.

Application Notices

  • An application notice is required unless otherwise stated by a rule or practice direction.
  • A copy of the application notice must be provided to each respondent, unless a court order dictates otherwise.
  • Application notices must state the order sought and the reason for seeking that order.

Application Timeframes

  • Where required by a timeframe, the application notice must be filed with the court within that timeframe.
  • An application is considered timely if the notice is received by the court in time.

Applications with or without a hearing

  • Parties may agree to dispense with a hearing or agree to have a hearing in certain situations.
  • The court may grant an application without a hearing (where the terms of the order are agreed, or the court determines it unnecessary)
  • A party can petition for an order to set aside or vary an order made without a hearing if they were not served with the notice in a timely manner.

Service of Application Notices

  • Application notices are normally served on other parties to court proceedings; however, any specifics are outlined in the applicable rules, guidelines, or directions.

CPR 25.3 How to apply for an interim remedy

  • The court can grant an interim remedy with or without notice, depending on the validity of the reason for not giving notice.
  • Evidence must accompany an application for an interim remedy, unless the court orders otherwise.
  • If the application is made without notice, the evidence must explain why notice wasn't given.

CPR 25.2 Time when an order for an interim remedy may be made

  • Interim remedies can be applied for before or after proceedings have begun.
  • A claim is considered initiated when the court issues a claim form.
  • Applications for interim remedies are still subject to any rules or practice directions that may apply.

Other Notes

  • The American Cyanamid Co case is a key authority for interim injunctions and has defined key tests for their use.
  • There are specific guidelines for determining the balance of convenience and adequate damages considerations when dealing with interim injunctions.
  • Exceptional circumstances or overriding objectives may allow for applications without formal notice.
  • Applicants must disclose all relevant material information and evidence to the court.

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